Returning residents and spouse visa

xiaoqiaodan · Post by **xiaoqiaodan** » Sun Apr 07, 2013 10:53 am

Hey guys,

My wife (Chinese) is applying for the spouse Visa in September and I have come across the whole returning resident visa thing for myself (British).

For her spouse visa I will obviously have to show I am a UK resident and have permission to live there. I will be returning from China with her to go to the UK and by the time we go back, I will have been away from the UK for more than 2 years. This means I have to get a returning resident visa...does anyone have experience of having to do this recently?

How much does it cost? When should I get it?

Post by **Lucapooka** » Sun Apr 07, 2013 11:13 am

You are British and are not subject to immigration control. The RR application would be for a non-British person who was previously a settled resident in the UK, left for an extended period, and wished to resume that status. So, not applicable to you.

xiaoqiaodan · Post by **xiaoqiaodan** » Wed Apr 10, 2013 4:36 pm

Are you sure?

I have been told by my hometown local government that they spoke to the UKBA and it does apply to me???

So confused

Post by **Casa** » Wed Apr 10, 2013 4:54 pm

It doesn't apply to you.

xiaoqiaodan · Post by **xiaoqiaodan** » Wed Apr 10, 2013 5:12 pm

Casa wrote:It doesn't apply to you.

This is what I think, but why do the UKBA tell me otherwise consistently?

Im sure no one in that place knows what the hell they are talking about...I have been told many things by them that were later found out to be inaccurate...

Post by **Greenie** » Wed Apr 10, 2013 5:19 pm

I find it hard to believe that even the UKBA would say that a British Citizen needs to apply for a visa to enter the UK.

Why are you asking your 'hometown government' to speak to UKBA and not asking them yourself?

xiaoqiaodan · Post by **xiaoqiaodan** » Wed Apr 10, 2013 5:32 pm

Greenie wrote:I find it hard to believe that even the UKBA would say that a British Citizen needs to apply for a visa to enter the UK.

Why are you asking your 'hometown government' to speak to UKBA and not asking them yourself?

My parents went to the local MP for some advice about my wife's Spouse visa application, they were really helpful on lots of things but they brought up this 2 year thing which threw a spanner in...

The local MP said they will help with anything they can so I just emailed them to ask if they can double check what they are telling me, they called the UKBA and thats what they said..

I have tried emailing the UKBA before but get a response 900 days later telling be to look on the internet....

Thanks for your reply, I am sure it is misinformation from them

Post by **Lucapooka** » Wed Apr 10, 2013 6:02 pm

Clearly you don't know you way around the immigration rules or rights of abode for British citizens (so it's not helpful that supposedly informed officials are providing you with complete rubbish) and, as such, I wonder if you have even looked at the requirements for your partner's settlement visa? Can you confirm that she would qualify for this?

xiaoqiaodan · Post by **xiaoqiaodan** » Wed Apr 10, 2013 6:18 pm

Lucapooka wrote:Clearly you don't know you way around the immigration rules or rights of abode for British citizens and, as such, I wonder if you have even looked at the requirements for your partner's settlement visa? Can you confirm that she would qualify for this?

Actually I have researched every word of the immigration rules that apply to my wife's application....we are applying in September when I have worked for 6 days a week, for 6 months to come closer to the financial requirement of GBP 18,600 PA.

We have savings to top up the shortfall

I easily make the money i need in China but part of my salary is a housing allowance for about GBP 400 per month, and this does not count towards the financial requirement...hence me working overtime for 6 months to build up my salary.

we have a letter of invitation to my parents home, I have a job lined up to return to and i have translated documents ready to go as well as proof of relationship stuff etc.

So yea, I know what im doing on the VISA front but when it comes to the UK citizen rights I asked questions as part of my research....sensible right?

Post by **vinny** » Wed Apr 10, 2013 11:59 pm

Right of abode wrote:All British citizens have the right of abode in the UK.

Post by **Amber** » Thu Sep 19, 2013 11:35 am

xiaoqiaodan wrote:Just read some changes coming into effect on Oct 1st.

It used to be that the salary was calculated by taking the lowest pay in the last 6 months and multiplying by 12...

However I have just read the statement of changes and it says this...

In Appendix FM-SE after paragraph 18(b) insert:
“(bb) In respect of a person in salaried employment at the date of application, the
amount of income in sub-paragraph (b) which may be added to their gross annual
salary, and counted as part of that figure for the purposes of paragraph 13(a)(i) or
13(b)(i), is the annual equivalent of the person’s average gross monthly income from
that income in their current employment in the 6 months prior to the date of
application.”.

So am I right in thinking that a month where i did nearly twice as much overtime than the other 5 months will be useful to me now?

edit: 18b states that overtime counts towards gross annual salary

xiaoqiaodan wrote:bump....

Can someone check over my calculations for my income.

my basic salary is 11500 RMB per month (gross)

For the last 6 months I have been paid 3750 RMB overtime in 5 months and 6000 overtime in one month. (gross)

I got two bonuses during this time of 500RMB and 800RMB (gross)

I calculate that my gross annual income for the purposes of the visa are 190100 RMB.....

This is calculated by taking the mean average of all my overtime and bonuses over the 6 months and multiplying by 12....then adding it to the basic salary which according to the changes made after october 1st is how they will be calculating overtime and bonuses

Post by **Amber** » Thu Sep 19, 2013 11:36 am

Do you have a confirmed offer of salaried or non- salaried employment in the UK, starting within 3 months of your return?

xiaoqiaodan · Post by **xiaoqiaodan** » Thu Sep 19, 2013 11:39 am

D4109125 wrote:Do you have a confirmed offer of salaried or non- salaried employment in the UK, starting within 3 months of your return?

yep

Post by **Amber** » Thu Sep 19, 2013 1:32 pm

xiaoqiaodan wrote:I have been trying to tell my wife that if my salary (outside the UK) exceeds GBP18600 we do not need to evidence any savings in the application. But she really really wants to include them. (just in case)

Its delaying us applying because I need to get bank statements sent from home to China which takes ages....and one bank has already failed on its 7-10 day promise of receiving them...

Could someone clarify that the following statement means we do not need to show savings

The applicant has to demonstrate and evidence the income/savings required to meet the
level of the financial requirement relevant to their application. They do not need to provide
information in the first instance about any income/savings which they and/or the partner
may have beyond this.

Post by **MPH80** » Thu Sep 19, 2013 2:52 pm

If the income statements you can show prove that you are over the £18,600 threshold and that you'll have the new job in the UK you do not need to provide any evidence of savings.

M.

xiaoqiaodan · Post by **xiaoqiaodan** » Thu Sep 19, 2013 3:16 pm

Thanks.....did you have time to look at the details of my income?

xiaoqiaodan · Post by **xiaoqiaodan** » Fri Sep 20, 2013 5:19 pm

Does anyone know if you can translate documents yourself?

Some people tell me you can but I have seen no proof of this on the UKBA website.

Thanks

Post by **Amber** » Fri Sep 20, 2013 6:52 pm

You should use a translating service.

xiaoqiaodan · Post by **xiaoqiaodan** » Mon Sep 23, 2013 12:02 pm

Does anyone have a definite answer about the SU07/12 sponsorship undertaking form? As I am returning to the UK with my wife from China do I need to fill this in? On the form it I should prove my address given, but I have no UK address apart from my parents...

Thanks for any help

Post by **Amber** » Mon Sep 23, 2013 2:02 pm

You should not need an undertaking if you meet the financial requirement.

xiaoqiaodan · Post by **xiaoqiaodan** » Sun Oct 06, 2013 2:46 pm

Hi Guys, my Chinese wife is submitting her documents on Thursday. This is a list of documents we have gotten together.

Background is that we have lived together in Shanghai for 2 years and are applying under Category A alone. I have a job offer starting in Feb in the UK.

I know we dont need to show savings but my wife feels more comfortable showing them.

We will be living with my parents until my job starts in Manchester

Applicant

*Passport
*Previous passports
*2 Passport sized photographs
*English Language Certificate
*Biometrics Confirmation
*Print out of application form and VAFA Appendix 2
*TB Certificate
*Hukou and TRANSLATION
*ID and TRANSLATION
*Criminal Check and TRANSLATION
*Applicants letter
*Credit Card statemnt proving living at this address and TRANSLATION (for address)
*Bank account statements to show savings

Sponsor

*Certified copy of my passport bio page.
*Registration of residence and TRANSLATION
*Sponsors Letter

Proof of Marriage

*Chinese Marriage Certificates.
*Official translations of marriage certificates.
*Receipt for certificate of no impediment and intention to marry

Financial Requirement

*Letter from employer (in China) confirming employment details
*Latest 6 months of sponsors pay slips
*Latest 6 months of corresponding bank statements with TRANSLATIONS
*Job Offer Letter (Feb 2014)

Accommodation

*Official copy of parent's land registry.
*Letter from parents giving permission for us both to stay at there home rent free.
*Property Inspection Report
*Sponsors UK bank statements showing registered to that address.
*Latest Council Tax Statement
*Bills under sponsor's parents names

Intervening Devotion

*Various photographs from last 2 years (including Wedding)
*Tickets for trips together (flights, trains etc)
*Rental Contract with landlords ID and bills under his name (explain that in China bills go to the landlords name not the tenants)
*Skype and MSN logs covering time Sponsor was in England (4 months)
*Printout of blog written by sponsor
*Special occasion cards to each other

Please can anyone offer any feedback, it would be much appreciated. Also, anyone with experience of how the ECO likes it to be presented to them?

Thanks so much

Post by **Amber** » Sun Oct 06, 2013 4:45 pm

See also, Supporting documents guidance - settlement (click)

xiaoqiaodan · Post by **xiaoqiaodan** » Mon Oct 07, 2013 4:30 pm

Any thoughts on my list please?

Post by **Amber** » Mon Oct 07, 2013 4:36 pm

Seems good.

xiaoqiaodan · Post by **xiaoqiaodan** » Mon Nov 04, 2013 3:38 am

Hey Guys,

Just wanted to say thank you to all who contribute to this forum. It has helped me a lot and we have just received my wife's UK Spouse Visa this morning.

Online application 20/09/13
Submitted Docs in Shanghai 10/10/13
Received visa 01/11/13

16 working days

Good luck everyone and let me know if you need any help.

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Returning residents and spouse visa

Returning residents and spouse visa

Documents we are submitting on Thursday